INSTRUCTIONS TO VENDORS
1) PRE-BID INFORMATION AND QUESTIONS: Each bid that is timely received will be evaluated on its
merit and completeness of all requested information. In preparing bids, Bidders are advised to rely
only upon the contents of this ITB and accompanying documents and any written clarifications or
addenda issued by the City of Flint. If a Bidder finds a discrepancy, error or omission in the ITB package,
or requires any written addendum thereto, the Bidder is requested to notify the Purchasing contact
noted on the cover of this ITB, so that written clarification may be sent to all prospective Bidders. THE
CITY OF FLINT IS NOT RESPONSIBLE FOR ANY ORAL INSTRUCTIONS.
2) ITB MODIFICATIONS: The City of Flint has the right to correct, modify or cancel the ITB, in whole or
in part, or to reject any Bid, in whole or in part, within the discretion of the City of Flint, or their designee.
If any such changes are made, all known recipients of the ITB will be sent a copy of such changes. If
any changes are made to this ITB document by any party other than the City of Flint, the original
document in the City of Flint’s files takes precedence.
3) BID SUBMISSION:
a) The Bidder must include the following items, or the bid may be deemed non-responsive:
i.e. All forms contained in this ITB, fully completed (including the notarized affidavit).
b) Bids must be submitted to the Finance Department - Purchasing and Supplies, City of Flint, 1101
S. Saginaw Street – Room 203, Flint, Michigan 48502 by the date and time indicated as the
deadline. The Purchasing Department time stamp will determine the official receipt time. It is each
Bidder’s responsibility to insure that its bid is time stamped by the Purchasing Department by the
deadline. This responsibility rests entirely with the Bidder, regardless of delays resulting from postal
handling or for any other reasons. Bids will be accepted at any time during the normal course of
business only, said hours being 8:00 a.m. to 5:00 p.m. Local Time, Monday through Friday, legal
holidays as exception.
c) Bids must be enclosed in a sealed, non-transparent envelope, box or package, and clearly marked
on the outside with the following: ITB Title, ITB Number, Deadline and Bidder’s name.
d) Submission of a bid establishes a conclusive presumption that the Bidder is thoroughly familiar with
the Invitation to Bid (ITB), and that the Bidder understands and agrees to abide by each and all of
the stipulations and requirements contained therein.
e) All prices and notations must be typed or printed in ink. No erasures are permitted. Mistakes may
be crossed out and corrections must be initialed in ink by the person(s) signing the bid.
f) Bids sent by email, facsimile or other electronic means will not be considered unless specifically
authorized in this ITB.
g) All costs incurred in the preparation and presentation of the bid are the Bidder’s sole responsibility;
no pre-bid costs will be reimbursed to any Bidder. All documentation submitted with the bid will
become the property of the City of Flint.
h) Bids must be held firm for a minimum of 120 days.
i) Term - Contract and/or all other procurement documents shall be effective until completed to the
satisfaction of the City of Flint. The City of Flint reserves the right to cancel or not renew all or any
part of the procurement agreement/contract at any time.
4) EXCEPTIONS: Bidder shall clearly identify any proposed deviations from the Terms or Scope in the
Invitation for Bid. Each exception must be clearly defined and referenced to the proper paragraph in
this ITB. The exception shall include, at a minimum, the Bidder's proposed substitute language and
opinion as to why the suggested substitution will provide equivalent or better service and performance.
If no exceptions are noted in the Bidder's bid, the City of Flint will assume complete conformance with
this specification and the successful Bidder will be required to perform accordingly. Bids not meeting
all requirements may be rejected.
5) DUPLICATE BIDS: No more than one (1) bid from any Bidder, including its subsidiaries, affiliated
companies and franchises will be considered by the City of Flint. In the event multiple bids are
submitted in violation of this provision, the City will have the right to determine which bid will be
considered, or at its sole option, reject all such multiple bids.
6) WITHDRAWAL: Bids may only be withdrawn by written notice prior to the date and time set for the
opening of bids. No Bid may be withdrawn after the deadline for submission.
7) REJECTION/GOOD STANDING: The City of Flint reserves the right to reject any or all bids, or to
accept or reject any bid in part, and to waive any minor informality or irregularity in bids received if it is
determined by the City of Flint, or their designee, that the best interest of the City will be served by
doing so. No Bid will be considered from any person, firm or corporation in arrears or in default to the
City on any contract, debt, taxes or other obligation, or if the Bidder is debarred by the City of Flint from
consideration for a contract award pursuant to Section 18-21.5 (d) of Article IV of the “Purchasing
Ordinance of the City of Flint.
8) PROCUREMENT POLICY: Procurement for the City of Flint will be handled in a manner providing fair
opportunity to all businesses. This will be accomplished without abrogation or sacrifice of quality and
as determined to be in the best interest of the City. The City of Flint and their officials have the vested
authority to execute a contract, subject to City Council and Mayoral approval where required.
9) BID SIGNATURES: Bids must be signed by an authorized official of the Bidder. Each signature
represents binding commitment upon the Bidder to provide the goods and/or services offered to the
City of Flint if the Bidder is determined to be the lowest Responsive and Responsible Bidder.
10) CONTRACT AWARD/SPLIT AWARDS: The City of Flint reserves the right to award by item, group of
items, or total bid to the lowest responsive, responsible Bidder. The Bidder to whom the award is made
will be notified at the earliest possible date. Tentative acceptance of the bid, intent to recommend
award of a contract, and actual award of the contract will be provided by written notice sent to the Bidder
at the address designated in the bid if a separate Agreement is required to be executed. After a final
award of the Agreement by the City of Flint, the Contractor/Vendor must execute and perform said
Agreement. All bids must be firm for at least 120 days from the due date of the bid. If, for any reason,
a contract is not executed with the selected Bidder within 14 days after notice of recommendation for
award, then the City may recommend the next lowest responsive and responsible Bidder.
11) NO ITB RESPONSE: Bidders who receive this ITB but who do not submit a bid should return this ITB
package stating “No Bid” and are encouraged to list the reason(s) for not responding. Failure to return
this form may result in removal of the Bidder’s name from all bidder lists.
12) FREEDOM OF INFORMATION ACT REQUIREMENTS: Bids are subject to public disclosure after the
deadline for submission in accordance with state law.
13) ARBITRATION: Contractor/Vendor agrees to submit to arbitration all claims, counterclaims, disputes
and other matters in question arising out of or relating to this agreement or the breach thereof. The
Contractor’s agreement to arbitrate shall be specifically enforceable under the prevailing law of any
court having jurisdiction to hear such matters. Contractor’s obligation to submit to arbitration shall be
subject to the following provisions:
(a) Notice of demand for arbitration must be submitted to the City in writing within a
reasonable time after the claim; dispute or other matter in question has arisen. A
reasonable time is hereby determined to be fourteen (14) days from the date the party
demanding the arbitration knows or should have known the facts giving rise to his claim,
dispute or question. In no event may the demand for arbitration be made after the time
when institution of legal or equitable proceedings based on such claim dispute or other
matters in question would be barred by the applicable statute of limitation.
(b) Within fourteen (14) days from the date demand for arbitration is received by the City,
each party shall submit to the other the name of one person to serve as an arbitrator.
The two arbitrators together shall then select a third person; the three together shall then
serve as a panel in all proceedings. Any decision concurred in by a majority of the three
shall be a final binding decision.
(c) The final decision rendered by said arbitrators shall be binding and conclusive and shall
be subject to specific enforcement by a court of competent jurisdiction.
(d) The costs of the arbitration shall be split and borne equally between the parties and such
costs are not subject to shifting by the arbitrator.
14) BID HOLD: The City of Flint may hold bids for a period of one hundred twenty - (120) days from
opening, for the purpose of reviewing the results and investigating the qualifications of bidders prior to
making an award.
15) NONCOMPLIANCE: Failure to deliver in accordance with specifications will be cause for the City of
Flint and they may cancel the contract or any part thereof and purchase on the open market, charging
any additional cost to the Contractor/Vendor.
16) DISCLAIMER OF CONTRACTUAL RELATIONSHIP: Nothing contained in these documents shall
create any contractual relationship between the City and any Subcontractor or Sub-subcontractor.
17) ERRORS AND OMISSIONS: Bidder is not permitted to take advantage of any obvious errors or
omissions in specifications.
18) INTERPRETATION: In the event that any provision contained herein shall be determined by a court
of competent jurisdiction or an appropriate administrative tribunal to be contrary to the provision of
law or to be unenforceable for any reason, then, to the extent necessary and possible to render the
remainder of this Agreement enforceable, such provision may be modified or severed by such court
or administrative tribunal having jurisdiction over this Agreement and the interpretation thereof, or the
parties hereto, so as to, as nearly as possible, carry out the intention of the parties hereto,
considering the purpose of the entire Agreement in relation to such provision.
19) LAWS AND ORDINANCES: The bidder shall obey and abide by all of the laws, rules and regulations
of the Federal Government, State of Michigan, Genesee County and the City of Flint, applicable to
the performance of this agreement, including, but not limited to, labor laws, and laws regulating or
applying to public improvement, local government, and its operational requirements.
20) LOCAL PREFERENCE: Proposers/bidders located within the corporate city limits of Flint, Michigan
may be given a seven percent (7%) competitive price advantage. Additionally, if the lowest
responsible bidder is not located within the limits of the City of Flint, but is located within the County of
Genesee, and said bidder does not exceed the bid of the lowest non-local bidder by more than three
and one-half percent (3-1/2%), then said lowest Genesee County bidder may be determined to be the
lowest responsible bidder, and make the award to such Genesee County bidder accordingly, subject
to the approval of the city council. If the lowest non-local bidder does not exceed that of any
proposers/bidders by (7%) inside the City of Flint or (3-1/2%) inside the County of Genesee, then the
Purchasing Director shall be allowed to request that the lowest local vendor match the price offered
by the lowest non-local vendor.
21) MATERIAL WORKMANSHIP AND STANDARDS OF PERFORMANCE: The bidder agrees to
exercise independent judgment and to complete performance under this Agreement in accordance
with sound professional practices. In entering into this Agreement, the City is relying upon the
professional reputation, experience, certification and ability of the bidder. The bidder agrees that all of
the obligations required by him/her pursuant to this Agreement shall be performed by him/her or by
other employed by him/her and working under his/her direction and control. The continued
effectiveness of this Agreement during its term or any renewal term shall be contingent, in part, upon
the bidder maintaining his operating qualifications in accordance with the requirements of federal,
state and local laws. All materials furnished must be new, of latest model and standard first grade
quality, or best workmanship and design, unless otherwise expressly specified. Bidder, if required,
must furnish satisfactory evidence of quality materials; offers of experimental or unproven equipment
may be disregarded.
22) MODIFICATIONS/CHANGES/PRICE VARIATIONS: Any modification to this agreement must be in
writing and signed by the authorized employee, officer, board or council representative authorized to
make such modifications pursuant to the State law and local ordinances. Commodities subject to
market price variation shall be considered on all term agreements subject to a 30-day advance written
notification from the vendor. Such notice must be substantiated by a written price change from the
manufacturer and shall be required for both price increases and decreases.
23) NON-COLLUSION: The bidder acknowledges that by signing this document that he/she is duly
authorized to make said offer on behalf of the company he/she represents and that said bid is
genuine and not sham or collusive and not made in the interests or on behalf of any person not
therein named, and that he/she and said bidder have not directly induced or solicited any other
person(s) or corporation to refrain from responding to this solicitation and that he/she and said bidder
have not in any manner sought by collusion to secure to himself/herself and said bidder any
advantage over any other bidder.
24) NON-DISCRIMINATION: Pursuant to the requirements of 1976 P.A. 453 (Michigan Civil Rights Act)
and 1976 P.A. 220 (Michigan Handicapped Rights Act), the local unit and its agent agree not to
discriminate against any employee or applicant for employment with respect to hire, tenure, terms,
conditions, or privileges of employment or a matter directly or indirectly related to employment
because of race, color, religion, national origin, age, sex, height, weight, marital status or because of
a handicap that is unrelated to the person’s ability to perform the duties of nondiscrimination provision
identical to this provision and binding upon any and all contractors and subcontractors. A breach of
this covenant shall be regarded as a material breach of this contract.
25) SUBCONTRACTING: No subcontract work shall be started prior to the written approval of the
subcontractor by the City. The City reserves the right to accept or reject any subcontractor.
26) UNION COMPLIANCE: Contractor agrees to comply with all regulations and requirements of any
national or local union(s) that may have jurisdiction over any of the materials, facilities, services or
personnel to be furnished by the City.
27) WAIVER: Failure of the City to insist upon strict compliance with any of the terms, covenants or
conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition or of
any other term, covenant or condition. Any waiver or relinquishment of any right or power hereunder
at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any